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Not always a good star: Mercedes-Benz suffers a defeat

Photo: Sean Gallup / Getty Images

Mercedes-Benz has installed illegal defeat devices in certain GLK and GLC diesel cars. This emerges from a model declaratory judgment of the Stuttgart Higher Regional Court (OLG), which the presiding judge Thilo Rebmann announced on Thursday. This means that consumer advocates have partially prevailed in a lawsuit they filed against the car manufacturer in the wake of the diesel scandal.

In the model lawsuit, the association focused on vehicles meeting the Euro 5 and 6 emissions standards with a specific engine type from Mercedes-Benz, which were affected by recall notices from the Federal Motor Transport Authority (KBA) in 2018 and 2019. The cars were built from 2012 to 2016.

According to KBA's opinion, Mercedes had installed an impermissible switch-off device in this car - and thus restricted the cleaning of diesel exhaust gases. As a result, the vehicles did not meet legal limits for air pollution with environmental toxins such as nitrogen oxides and buyers were misled about the quality of the products. Mercedes-Benz denied the allegations at the time. The company also referred to official approvals for its actions.

Next stop Karlsruhe

In the meantime, the case law and the attitude of the authorities have changed to the manufacturer's disadvantage. In December 2023, the Federal Motor Transport Authority ordered a recall of more than one hundred thousand Mercedes cars with a specific defeat device. Specifically, it was about the so-called thermal window. This can mean that the exhaust gas purification does not work or does not work optimally at certain outside temperatures, which can save costs.

The office is threatening to decommission vehicles that do not receive a required software update. A Mercedes driver from Baden-Württemberg had previously won a groundbreaking ruling from the European Court of Justice, which strengthened customers' right to compensation. There is also a legal dispute over the official release certificate for many models with thermal windows. The focus of the diesel scandal is primarily on the Volkswagen Group, but all major car manufacturers are affected.

It was initially unclear how many car owners could now be entitled to compensation. According to the Federal Association of Consumer Organizations (vzbv), around 2,800 people joined the lawsuit. However, the chamber also dismissed parts of the lawsuit. In the case of Euro 6 vehicles, there is no evidence that Mercedes acted intentionally.

In addition, both consumer advocates and Mercedes can still appeal against the ruling at the Federal Court of Justice. Only if the ruling in Karlsruhe stands will consumers be able to enforce their right to compensation. They have to do that themselves.

Shortly after the verdict, Mercedes announced that it would appeal. "We have a different legal opinion than the court," said a spokesman. They still consider the claims against the company to be unfounded and will defend themselves against them.

ahh/dpa